Petition of the day
on Dec 22, 2016 at 11:18 pm
The petition of the day is:
Issues: (1) Whether this court should resolve the circuit conflict over whether, for the purposes of the 100-plaintiff requirement for mass action jurisdiction under the Class Action Fairness Act, specifically 28 U.S.C. § 1332(d)(11)(B), jurisdiction is proper where multiple suits, each involving fewer than 100 plaintiffs, are proposed to be tried jointly and, when combined, encompass the claims of more than 100 plaintiffs, as the U.S. Courts of Appeals for the 7th, 8th and 9th Circuits hold, or whether mass action jurisdiction arises only if a single suit contains the claims of at least 100 plaintiffs, as the U.S. Court of Appeals for the 6th Circuit now holds; and (2) whether this court should resolve the circuit conflict over the time at which citizenship should be determined under CAFA’s exceptions to federal jurisdiction, where the courts of appeals use three different times for such determination—some courts determine jurisdiction at the time the complaint was filed, while others determine citizenship at the time the case became removable, and the 6th Circuit now determines citizenship at the time the cause of action arose.
